Ombud confirms: criminal acts void insurance coverage

One of the most common exclusions in insurance contracts relates to claims arising from criminal or illegal activities, including resisting lawful arrest or driving under the influence of alcohol.

Insurance exclusions are provisions that specify circumstances under which claims will not be paid, even if a policy is active and premiums are up to date. Insurers generally refuse to indemnify losses stemming from unlawful conduct, reflecting the principle that insurance is designed to protect against unforeseen risks rather than deliberate or illegal acts.

This principle was recently tested in a matter reviewed by the Life Insurance Division of the National Financial Ombud Scheme (NFO). An insurer declined a claim following the death of the insured, citing criminal conduct. The policy expressly stated that no claim would be paid if the insured event was caused by criminal conduct, including circumstances where the insured was under investigation, being prosecuted, or had been convicted of a criminal offence.

According to the NFO, evidence revealed that police officers were attempting to arrest the deceased when he allegedly seized an officer’s firearm and attempted to discharge it. He was subsequently fatally shot by other officers at the scene. With no evidence contradicting the police account, the insurer concluded that the death arose directly from criminal conduct and therefore fell within the exclusion.

“Our office agreed that the insurer was not contractually obliged to pay the claim, and the decision to decline it was justified,” said Denise Gabriels, lead ombud of the life insurance division of the NFO. She says that the case demonstrates how exclusions can decisively determine the outcome of a claim.

Gabriels says that exclusions are not hidden traps but fundamental to how insurance works. “Insurance exclusions are not hidden traps. They are fundamental to how insurance works. For policyholders, understanding exclusions is just as important as knowing what is covered. By reading carefully, asking questions, policyholders can ensure that they are adequately protected and avoid unpleasant surprises when it matters most,” she says.

Common Categories of Exclusions

• Criminal Acts: Claims arising from illegal activity.
• Hazardous Pursuits: Activities such as skydiving, scuba diving, or mountaineering may be excluded due to their elevated risk profile.
• Pre-existing Conditions: Health conditions diagnosed before the policy’s inception – such as heart disease, diabetes, or asthma – are often excluded.
• War and Terrorism: Losses caused by war, terrorism, or civil unrest are generally excluded due to their catastrophic and unpredictable nature.
• Intentional Acts: Claims resulting from deliberate harm, such as suicide or self-inflicted injury – usually within the first 12 to 24 months after the policy starts – are excluded.

Who Must Prove an Exclusion?

The policyholder or beneficiary must first show that a valid policy exists and that the insured event occurred, such as death, disability, or diagnosis of a covered critical illness, the NFO says.

Once this is established, the burden shifts to the insurer. If the insurer wishes to reject the claim based on an exclusion, it must prove that the exclusion clearly applies. This often requires evidence such as medical records, toxicology or pathology reports, accident reports, or police findings. If the insurer cannot prove that the exclusion applies on the balance of probabilities, the claim should be paid, it says.

Gabriels says that exclusions do not mean insurance won’t work; they define when it will. “When taking out cover, ask questions about exclusions you don’t understand. Keep copies of all disclosures you made during the application.

“Read the policy document carefully and make sure you understand its contents. If anything is unclear, contact the insurer or adviser for clarification. If the policy does not accurately reflect the information provided during the application, request that it be corrected.

“Insurance is about peace of mind. Understanding exclusions helps ensure that peace of mind lasts when you need it most,” Gabriels says.

PERSONAL FINANCE